In re the Claim of Williams

Appellate Division of the Supreme Court of New York

In re the Claim of Williams

288 A.D.2d 813, 733 N.Y.S.2d 309, 2001 N.Y. App. Div. LEXIS 11507

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 2001

StatusPublished

Cited by2 cases

This text of 288 A.D.2d 813 (In re the Claim of Williams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Williams, 288 A.D.2d 813, 733 N.Y.S.2d 309, 2001 N.Y. App. Div. LEXIS 11507 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a maintenance mechanic after disregarding repeated orders from the employer to report to an assigned work area and resolve any work-related disputes later in the afternoon. Inasmuch as claimant’s conduct of failing to comply with a reasonable request of the employer amounted to insubordination, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant’s employment was terminated due to disqualifying misconduct (see, Matter of Taryn, 284 AD2d 642; Matter of Harpule, 241 AD2d 610). Furthermore, the Board is not bound by any subsequent arbitration decision reinstating claimant to his employment (see, Matter of Tucek, 277 AD2d 628, 629).

Cardona, P. J., Spain, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 18, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a maintenance mechanic after disregarding repeated orders from the employer to report to an assigned work area and resolve any work-related disputes later in the afternoon. Inasmuch as claimant’s conduct of failing to comply with a reasonable request of the employer amounted to insubordination, substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant’s employment was terminated due to disqualifying misconduct (see, Matter of Taryn, 284 AD2d 642; Matter of Harpule, 241 AD2d 610). Furthermore, the Board is not bound by any subsequent arbitration decision reinstating claimant to his employment (see, Matter of Tucek, 277 AD2d 628, 629).

Cardona, P. J., Spain, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

288 A.D.2d 813, 733 N.Y.S.2d 309, 2001 N.Y. App. Div. LEXIS 11507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-williams-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack